Court Likely to Acquit Impression Products

Posted Date 04/28/15

The en banc hearing that the Federal Circuit Court has prescripbed in the case of Lexmark vs Impression Products is likely to result in a settlement in favor of the defendants, according to Samuel F. Ernst, a professor of law. Ernst points to historical precedents that suggest Lexmark cannot enforce its post-sale restriction rule stipulated in the license agreement on the package of its cartridges that are the bone of contention in this case. According to Ernst, previous cases regarding Patent Law have concluded that such post-sale restrictions are insufficient to prevent so-called patent exhaustion.